Biswas (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, subclass 500, made by Mr Biswas. The applicant, who had resided in Australia since 2008 on various student visas and currently held a Bridging visa, sought to enrol in an Advanced Diploma of Leadership and Management. The Minister had required the applicant to provide evidence of financial capacity in accordance with cl.500.214(3) of Schedule 2 to the Migration Regulations, as elaborated by LIN 19/198. The court was required to determine whether the applicant had provided sufficient evidence of financial capacity to meet the costs and expenses associated with his intended stay in Australia and whether he had genuine access to those funds.

The court considered the applicant's educational background and his Confirmation of Enrolment for the Advanced Diploma, which indicated tuition fees of $7,200. The required funds for living expenses and tuition, calculated in accordance with cl.11 of LIN 19/198, amounted to $858 AUD for the period from the date of decision until course completion, plus a seventeen-day period to arrange affairs. The applicant provided evidence of approximately $48,000 AUD in various bank accounts in India, held in the names of Mr Milkhi Ram GUPTA and Mr Gian Prakash GUPTA. Crucially, the applicant also submitted an affidavit from Mr Milkhi Ram GUPTA, a self-declared family friend, who undertook to bear the applicant's financial expenses and affirmed his capacity to do so. The Tribunal found that the applicant had satisfied cl.500.214(3) by providing this evidence and that the funds were sufficient and accessible.

Based on these findings, the Tribunal was satisfied that the applicant met cl.500.214(1), (2), and (3) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant met the financial capacity criteria for a Subclass 500 (Student) visa.